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Social Media and Electronic Advertising Rules for the Alcohol Industry Michael Kaiser

Social Media and Electronic Advertising Rules for the Alcohol Industry Michael Kaiser Director of Public Affairs WineAmerica VinCo Conference and Trade Show January 21, 2016 mkaiser@wineamerica.org. Regulated by TTB Alcohol and Tobacco Tax and Trade Bureau

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Social Media and Electronic Advertising Rules for the Alcohol Industry Michael Kaiser

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  1. Social Media and Electronic Advertising Rules for the Alcohol Industry Michael Kaiser Director of Public Affairs WineAmerica VinCo Conference and Trade Show January 21, 2016 mkaiser@wineamerica.org

  2. Regulated by TTB • Alcohol and Tobacco Tax and Trade Bureau • Division of the Treasury Department • Market Compliance Office • Enforcement power designed to protect the consumer • Wine: 27 CFR 4.64 • Distilled Spirits: 27 CFR 5.65 • Malt Beverages/Beer: 27 CFR 7.54

  3. TTB Authority • Reviews advertisements that appear in various media • Includes print, television, radio, outdoor signage, and websites • Now reviewing social media sites: Facebook, Twitter, Google+, Instagram, YouTube, etc. • All advertising MUST comply with regulatory requirements • They look at everything now

  4. Advertising Requirements • Name and Address of brewery, cidery, distillery, meadery or winery on all advertising • Class, type and distinctive designation of product • If not advertising specific product, only name and address are required • Advertising must be consistent with labeling of product

  5. Prohibited Information • False statements and statements disparaging competitors • Obscene and indecent statements or images • Statements that may mislead the consumer: Health statements, etc. • Statements implying intoxicating qualities of product • Other (can vary by commodity)

  6. Social Networks • Facebook, LinkedIn, etc. • Considered advertising under “other media” • TTB views entire page as one advertisement • Required information only needs to be on one part of the page • Must be readily available and legible

  7. Video Sharing Sites • YouTube, Vimeo • Considered regular advertising • Requirements apply to both videos and channels • Downloading = Disseminating

  8. Blogs • Considered regular advertising • Requirements on blog page • Posts about individual products must have class/type requirements • Prohibited practices must be followed for all posts by industry member

  9. Microblogs • Twitter • Requirements to be on home page • Prohibited practices must be followed for all posts by industry member

  10. Mobile Applications • Downloadable mobile websites and apps • Considered consumer specialty advertisement • Only requirement is Company Name or Brand Name • Prohibited practices still apply

  11. QR Codes and Links • Links considered part of the advertisement • QR codes = requirements can vary

  12. Questions?

  13. WineAmerica The National Association of American Wineries 818 Connecticut Avenue, NW Ste. 1006 Washington, DC 20006 www.wineamerica.org 202-223-5172

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